Portsmouth NHS Trust pay out over £35 million in five years for alleged child birth and maternity negligence

Portsmouth Hospitals University NHS Trust (PHU) has apologised after paying out the staggering amount from 25 cases which were settled between April 6, 2019 and April 5, 2024. This is the tenth highest in the NHS during that time period with a total pay-out of £35,464,791. But the hospital trust says that improvements have been made which ensures families receive the best care possible.

The details of claims settled (meaning damages have been paid) against PHU are not public, but across the NHS there have been 484 medical negligence claims relating to babies with brain damage, 471 stillbirths and 342 mother or baby deaths. These findings were uncovered by Legal Expert who submitted a Freedom of Information request to NHS Resolution, the legal body of the NHS.

As a trust, PHU runs Queen Alexandra Hospital, midwifery services at St Mary’s Hospital, and the maternity unit at Petersfield Community Hospital. While 25 claims were settled by PHU, 36 claims were made against the trust overall during the five year period. The claims that were settled in the last five years are not necessarily from incidents that occurred in that period. Claims can take years to investigate in order to bring to a resolution.

Liz Rix, the chief nurse at PHU, apologised to the families that had been affected but also reiterated that improvements have been made.

She said: “Any situation where a mother or child comes to harm should not have happened and we are sorry to any families who may have been affected. It’s vital that when something does go wrong, there are the right processes in place for us to learn and take appropriate action. It is equally as important that the families are involved in these discussions and aware of any outcomes.

“Our maternity team have been working hard to make significant improvements in the way they work and the service they provide. This includes making sure we give the right levels of support to the families we care for. Earlier this year, these improvements were recognised by the CQC when our maternity services were rated as good. We encourage anyone with a concern or question to speak to the team caring for them so this can be addressed.”

May this year saw the UK’s first ever parliamentary inquiry into birth trauma which called for an overhaul of maternity and postnatal care as they found poor care is “all-too-frequently tolerated as normal”.

Since 2019, across the NHS, damages of over £980 million have been paid for childbirth and maternity negligence claims where the baby has been diagnosed with cerebral palsy as a result. The figure was paid over 254 claims.

There have been 181 claims closed for cases where the negligence has resulted in brain damage to the baby, with damages of over £600 million paid out. The figures listed do not include the legal fees for the claims.

The injuries are generally sustained during traumatic births where the baby experiences oxygen deprivation causing life-changing conditions such as cerebral palsy. Similarly, brain damage can be caused by oxygen deprivation but also by a physical injury during birth, such as excessive force from forceps or the head becoming stuck in the birth canal.

In mild cases of brain damage, the child may recover with minimal or no lasting effects. However, serious brain injury can lead to devastating and lifelong disabilities.

The leading cause of claims reported to NHS Resolution since 2019 is the fail/delay in treatment and diagnosis as well failure to respond to abnormal foetal heart rate.